MIRSHAD C.K. S/O. ABOOBACKER, RESIDING AT CHARALIKUNNATH HOUSE P.O VALLIPUZHA, VIA AREEKODE, MALAPPURAM Vs. BABU MATHEW S/O. MATHEW, RESIDING AT NO.71/1, PANTHARAPALAYA, NEAR OLD CHECK, P.O MYSORE ROAD, BANGALORE 560 007

JUDGEMENT

(1.) The petitioner in O.P.(MV) No.161/2007 before the Motor Accidents Claims Tribunal, Kozhikode (for short 'the Tribunal') has approached this Court aggrieved by the quantum awarded as per the award passed thereon. He seeks for enhancement of the quantum of compensation.

(2.) The said claim petition was filed under Sec. 166 of the Motor Vehicles Act (for short 'the M.V. Act'). The appellant was the driver of a lorry bearing Reg. No .KL-10-Z-4710, which was proceeding from Arecode to Thamarassery. When it reached at Omassery, another lorry bearing Reg. No. KA-05-B-9304 proceeding ahead of it stopped all on a sudden and consequently, the lorry driven by the appellant hit on its rear side. With the injuries sustained thereby, he was rushed to Santhi Hospital, Omassery and after the first aid treatment, he was shifted to Medical College Hospital, Kozhikode and was treated there as an inpatient for a period from 29.8.2006 till 20.10.2006.

(3.) It is contended in the claim petition by the appellant that the accident was occurred due to the rash and negligent driving by the second respondent, who was the driver of the offending lorry bearing Reg. No. KA-05-B-9304, that the first respondent was the owner of the said lorry and that it was insured with the third respondent.